[1978 Code § 12-101; Ord. #4/3/86; Ord. #11/6/86;
Ord. #93-06, § 10]
There is hereby established pursuant to N.J.S.A. 40:55D-23,
a Planning Board of nine members consisting of the following four
classes:
a.
Class I. The Mayor.
b.
Class II. One of the officials of the Municipality other than a member
of the governing body, to be appointed by the Mayor; provided that
if there be an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
in the event that there be among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education.
c.
Class III. A member of the governing body to be appointed by it.
d.
Class IV. Other citizens of the municipality, to be appointed by
the Mayor. Members of Class IV shall hold no other Municipal office,
position or employment except that one such member may be a member
of the Zoning Board of Adjustment or Historic Preservation Commission.
One Class IV member may be a member of the Board of Education. The
member of the Environmental Commission who is also a member of the
Planning Board shall be a Class IV Planning Board member unless there
be among the Class IV or alternate members of the Planning Board both
a member of the Zoning Board of Adjustment or Historic Preservation
Commission and a member of the Board of Education, in which case the
member common to the Planning Board and Municipal Environmental Commission
shall be deemed a Class II member of the Planning Board. For the purpose
of this section, membership on a Municipal board or commission whose
function is advisory in nature, and the establishment of which is
discretionary and not required by statute, shall not be considered
the holding of Municipal office.
e.
Alternates. There may not be more than two alternate members appointed
to the Planning Board in the same manner as Class IV members, who
shall be designated at the time of appointment by the Mayor as "Alternate
No. 1" and "Alternate No. 2."
Alternate members may participate in discussion of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[1978 Code § 12-101; Ord. # 4/3/86; Ord. # 11/6/86]
The term of the member composing Class I shall correspond with
his official tenure. The terms of the members composing Class II shall
be for one year or terminate at the completion of their respective
terms of office whichever occurs first, except for a Class II member
who is also a member of the Environmental Commission. The term of
Class II or Class IV member who is also a member of the Environmental
Commission shall be for three years or terminate at the completion
of his term of office as a member of the Environmental Commission,
whichever occurs first.
The term of a Class IV member who is also a member of the Board
of Adjustment, Historic Preservation Commission or a Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
this Chapter shall be so determined that to the greatest practicable
extent the expiration of such term shall be distributed evenly over
the first four years after their appointment as determined by resolution
of the governing body, provided, however, that no term of any member
shall exceed four years and further provided that nothing herein shall
affect the term of any present member of the Planning Board, all of
whom shall continue in office until the completion of the terms for
which they were appointed. Thereafter all Class IV members shall be
appointed for terms of four years except as otherwise hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made.
The terms of alternate members shall be for two years except
that of the alternate members first appointed one shall be appointed
for a one year term and one shall be appointed for a two year term,
terms to run from January 1st of the year in which the appointment
is made. Thereafter, all appointments shall be made for a term of
two years.
[1978 Code § 12-101; Ord. # 4/3/86]
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
[1978 Code § 12-101; Ord. # 4/3/86]
The Planning Board shall elect a chairman and vice chairman
from the members of Class IV and select a secretary who may be either
a member of the Planning Board or a municipal employee designated
by it.
[1978 Code § 12-101; Ord. # 4/3/86]
There is hereby created the office of Planning Board Attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board Attorney
who shall be an attorney other than the Municipal Attorney.
[1978 Code § 12-101; Ord. # 4/3/86]
The Planning Board may also employ or contract for the services
of experts and other staff and services as it may deem necessary.
The Board shall not, however, exceed, inclusive of gifts or grant,
the amount appropriated by the governing body for its use.
[1978 Code § 12-101; Ord. # 4/3/86]
The Planning Board is authorized to adopt by-laws governing
its procedural operation. It shall also have the following powers
and duties:
a.
To make and adopt and amend a Master Plan for the physical development
of the Township including any areas outside its boundaries, which
in the Board's judgment bear essential relation to the planning of
the Township, in accordance with the provisions of N.J.S.A. 40:55D-28.
The Master Plan shall be re-examined every six years in accordance
with the provisions of N.J.S.A. 40:55D-89. The next re-examination
shall be completed by August 1, 1988 and thereafter a reexamination
shall be completed at least once every six years from the previous
re-examination. The absence of the adoption by the Planning Board
of a reexamination report pursuant to statute shall constitute a rebuttable
presumption that the municipal development regulations are no longer
reasonable.
c.
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
To consider and report to the governing body within 35 days after
referral as to any proposed development regulation submitted to it
pursuant to the provisions of N.J.S.A. 40:55D-26(a) which report shall
identify any provisions in the proposed development regulation, revision
or amendment which are inconsistent with the Master Plan, and shall
include recommendations concerning these inconsistencies, and any
other matters the Board deems appropriate; and also pass upon other
matters specifically referred to the Planning Board by the governing
body pursuant to the provisions of N.J.S.A. 40:55D-26(b).
f.
Whenever the proposed development requires approval of a subdivision,
site plan or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70(d), to grant to the same extent and subject to the same
restrictions as the Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70(c).
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainage way, the flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
|
Whenever relief is requested pursuant to this subsection, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
|
|
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit, and a subsequent application for any required approval for a subdivision, site plan, or conditional use. The separate approval of the variance or direction of the issuance of a permit, shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent or purpose of the zone plan and Chapter 20, Zoning.
|
g.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
h.
To consider and make a report within 45 days of its receipt upon
any petition for annexation submitted to the governing body of the
municipality and referred to the Planning Board pursuant to the provisions
of N.J.S.A. 40A:712.
i.
To review a petition for inclusion of a parcel in a municipally approved
farmland preservation program pursuant to N.J.S.A. 4:1C21(c).
[1978 Code § 12-101; Ord. # 4/3/86]
a.
Minor Subdivisions. Minor subdivision approvals shall be granted
or denied within 45 days of the date of submission of a complete application
to the Planning Board or within such further time as may be consented
to by the applicant. Approval of a minor subdivision shall expire
190 days from the date of Planning Board approval unless within such
period a plat in conformity with such approval and the provisions
of the "Map Filing Law," or a deed clearly describing the approved
minor subdivision, is filed by the developer with a County Recording
Officer, the Municipal Engineer and the Municipal Tax Assessor.
b.
Preliminary Approval Major Subdivisions. Upon submission of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon submission of a complete application for
a subdivision of more than 10 lots the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted
preliminary approval for the subdivision, or site plan and the applicant
shall comply with the provisions of subsection 12-1.11.
c.
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 17-1.7g the Planning Board shall grant or deny approval of the application within 95 days after submission by the development of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued upon request of the applicant.
d.
Final Approval. Application for final subdivision approval shall
be granted or denied within 45 days of submission of a complete application
or within such further time as may be consented to by the applicant.
[1978 Code § 12101; Ord. #4/3/86; Ord. #89-10,
§ I]
Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of the Municipal Land Use Law shall be filed with the Secretary of the Planning Board. Such applications shall be reviewed for completeness in accordance with the provisions of subsection 17-3.2 of the Chapter.
Applicant shall file at least 17 days before the date of the
monthly meeting of the Board 20 copies of the sketch plat; 13 copies
of the application for minor subdivision approval; 13 copies of applications
for major subdivision approval or 13 copies of applications for site
plan review, conditional use approval or planned development. At the
time of filing the application, but in no event less than 17 days
prior to the date set by the Board or Board Secretary for hearing,
the Applicant shall also file all plat plans, maps, or other papers
required by virtue of any provision of this Chapter. The Applicant
shall also obtain all necessary forms from the secretary of the Planning
Board. The secretary of the Board shall inform the Applicant of the
steps to be taken to initiate applications and of the regular meeting
dates of the Board.
[1978 Code § 12-101; Ord. # 4/3/86]
The mayor may appoint one or more persons as a citizens advisory
committee to assist or collaborate with the Planning Board in its
duties, but such person or persons shall have no power to vote or
take other action required of the board. Such person or persons shall
serve at the pleasure of the mayor.
[1978 Code § 12-101; Ord. # 4/3/86]
Whenever the Environmental Commission has prepared and submitted
to the Planning Board an index of the natural resources of the municipality,
the Planning Board shall make available to the Environmental Commission
an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such informational
copy available to the Environmental Commission shall not invalidate
any hearing or proceeding.
[1978 Code § 12-101; Ord. # 4/3/86]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this Chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S. 2A:67A-1 et seq.) shall apply.
[1978 Code § 12-102; Ord. # 4/3/86; Ord. # 11/6/86]
A Zoning Board of Adjustment is hereby established pursuant
to N.J.S.A. 40:55D69 et seq. consisting of seven residents of the
Township of Hope appointed by the Township Committee to serve for
terms of four years from January 1 of the year of their appointment.
The terms of the members first appointed shall be so determined that
to the greatest practicable extent the expiration of such terms shall
be distributed evenly over the first four years after their appointment,
provided that the initial term of no member shall exceed four years.
Thereafter the term of each member shall be for four years. Nothing
in this Chapter shall, however, be construed to affect the term of
any present member of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the term for which
they were appointed.
There shall also be two alternate members who shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2." Of the alternates first appointed, one shall be appointed for
a two year term and one shall be appointed for a one year term. Thereafter
the term of each such alternate member will be two years.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
No member or alternate member of the Zoning Board of Adjustment
may hold any elective office or position under the Municipality.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
[1978 Code § 12-102; Ord. # 4/3/86]
The Board of Adjustment shall elect a chairman and vice chairman
from its members and shall also select a secretary who may be either
a Board member or another municipal employee.
[1978 Code § 12-102; Ord. # 4/3/86]
There is hereby created the office of attorney to the Zoning
Board of Adjustment. The Zoning Board of Adjustment may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the Zoning Board of Adjustment Attorney.
[1978 Code § 12-102; Ord. # 4/3/86]
The Zoning Board of Adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, inclusive of gifts or grants, the amount appropriated
by the governing body for its use.
[1978 Code § 12-102; Ord. # 4/3/86]
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this Chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S. 2A:67A-1 et seq.) shall apply.
[1978 Code § 12-102; Ord. # 4/3/86]
a.
The powers of the Zoning Board of Adjustment shall be in accordance
with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto,
and with the provisions of this section.
b.
It is further the intent of this Chapter to confer upon the Zoning
Board of Adjustment as full and complete powers as may lawfully be
conferred upon such board, including, not by way of limitation, the
authority, in connection with any case, action or proceeding before
the board, to interpret and construe the provisions of this section,
or any term, clause, sentence or word hereof, and the zoning map,
in accordance with the general rules of construction, applicable to
legislative enactments.
c.
The board may, in appropriate cases and subject to appropriate conditions
and safeguards grant variances from the terms of this Chapter in accordance
with the general or specific rules contained herein, and with the
general rules hereby laid down that equity shall be done in cases
where the strict construction of the provisions of this section would
work undue hardship. The powers and duties of the Board having been
delegated to and imposed upon it by statute, the Board shall in all
cases follow the provisions applicable to it in Chapter 291, P.L.
1975, or subsequent statutes in such case made and provided and it
shall from time to time furnish to any person requesting the same
copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
[1978 Code § 12-102; Ord. #4/3/86]
a.
Appeals to the Board of Adjustment may be taken by any person aggrieved,
or by an officer, department, board, or bureau of the municipality
affected by any decision of the administrative officer. Each appeal
shall be taken within the 20 days prescribed by the statute by filing
a notice of appeal with the officer from whom the appeal was taken,
together with three copies of the notice with the secretary of the
Board of Adjustment. The notice of appeal shall specify the grounds
for the appeal. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
b.
Applications addressed to the original jurisdiction of the Board
of Adjustment without prior application to an administrative officer,
shall be filed with the secretary of the Board of Adjustment. Three
copies of the application shall be filed. At the time of filing the
appeal or application, but in no event less than 10 days prior to
the date set for hearing, the applicant shall also file all plot plans,
maps, or other papers required by virtue of any provision of this
section or any rule of the Board of Adjustment. The applicant shall
obtain all necessary forms from the secretary of the Zoning Board
of Adjustment. The secretary of the Board shall inform the applicant
of the steps to be taken to initiate proceedings and of the regular
meeting dates of the Board.
c.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment after
the notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property, in such case, proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by the Superior Court of New Jersey
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
[1978 Code § 12-102; Ord. #4/3/86]
In exercising the above mentioned power, the Board of Adjustment
may, in conformity with the provisions of c. 91 P.L. 1975 or amendments
thereto or subsequent statutes applying reverse or affirm wholly or
partly or may modify the order, requirement, decision or determination
appealed from, and make such other requirement, decision or determination
as ought to be made, and to that end have all the powers of the administrative
officer form whom the appeal was taken.
[1]
Editor's Note: Former subsection 17-2.9, Expiration of Variance, previously codified herein and containing portions of 1978 Code § 12-102 and Ordinance No. 4 (3/86) was repealed in its entirety by Ordinance No. 04-05. See subsection 17-3.14 for provisions pertaining to an expiration of a variance.
[1978 Code § 12-102; Ord. # 4/3/86]
The Board of Adjustment shall have such powers as are granted
by law to:
a.
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of Chapter 20, Zoning.
c.
Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Chapter 20, Zoning would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from the strict application of such regulation so as to relieve such difficulties or hardship; 2. Where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from Chapter 20, Zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such regulations of Chapter 20, Zoning; provided, however, that no variance from those departures enumerated in N.J.S.A. 40:55D-70(d) shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60(a) of the Municipal Land Use Law.
d.
In particular cases and for special reasons, grant a variance to allow departure from regulations set forth in Chapter 20, Zoning to permit: 1. a use or principal structure in a district restricted against such use or principal structure; 2. an expansion of a nonconforming use; 3. deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; 4. an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; 5. an increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five members of the board.
e.
No variance or other relief may be granted under the provisions of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Chapter 20, Zoning. In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" N.J.S.A. 6:1-80 et seq., no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this subsection may be referred to any appropriate person or agency other than the Planning Board for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[1978 Code § 12-102; Ord. # 4/3/86]
The Zoning Board of Adjustment shall in addition to the powers specified in subsection 17-2.10 have power given by law to:
a.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a
building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the official map.
b.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a
building or structure not related to a street.
c.
Direct issuance of a certificate stating that a nonconforming use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming in accordance with the provisions of Chapter 20, subsection 20-26.1k, in which case the following procedures shall be followed:
1.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate stating
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming.
2.
Application pursuant hereto may be made to the zoning officer within
one year of the adoption of the ordinance which rendered the use or
structure nonconforming or at any time to the Zoning Board of Adjustment.
3.
Such application shall contain the name and address of the applicant,
the nonconforming use so operated, the date on which the use commenced,
the tax lot and block number of its location, any buildings or structures
in which such use is contained or are necessary for the operation
of such use, and the numbers and types of equipment and/or vehicles
utilized in the operation of the use.
4.
The applicant shall have the burden of proof as to all matters alleged.
Where application is to the zoning officer it shall be in the form
of an affidavit and shall be notarized. Where application is made
to the Zoning Board of Adjustment the application shall be processed
as in the case of all other applications to the Board. Notice of such
application shall be given in accordance with the provisions of N.J.S.A.
40:55D-12.
5.
If the zoning officer fails or refuses to issue a certificate he
shall notify the applicant in writing as to the reasons therefor within
45 days from the date of application. Such denial may be appealed
to the Zoning Board of Adjustment in accordance with the provisions
of N.J.S.A. 40:55D-72, notice of which shall be given in accordance
with N.J.S.A. 40:55D-12.
6.
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to Article 6 of c. 291 P.L. 1975 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the board is reviewing an application for approval of a use variance pursuant to subsection 17-2.10d.
[1978 Code § 12-102; Ord. # 4/3/86]
The Board of Adjustment shall render its decision not later
than 120 days after the date:
a.
An appeal
is taken from the decision of an administrative officer; or
b.
The submission
of a complete application for development to the Board pursuant to
the provisions of N.J.S.A. 40:55D-70.
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Failure of the Board to render a decision within such 120 day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant. The failure
of the Board to render a decision within the applicable time period
(120 days for variance applications and specified time periods as
provided otherwise for other subsequent applications), or within such
further time as may be consented to by the applicant, shall constitute
a decision favorable to the applicant and applicant shall comply with
the provisions of subsection 12-3.11.
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[1978 Code § 12-102; Ord. # 4/3/86]
The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report on its findings on Chapter 20, Zoning provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Board of Adjustment shall send copies of the report and resolution to the governing body and Planning Board.
[1978 Code § 12-103; Ord. # 4/3/86]
No member of the Planning Board or Zoning Board of Adjustment
shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
[1978 Code § 12-103; Ord. #4/3/86; Ord. #95-02,
§§ 1,2]
An application for development shall be complete for purposes
of commencing the applicable time period for action by a municipal
agency when so certified by the municipal agency or its authorized
committee or designee. In the event that the agency, committee or
designee does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the 45 day period for purposes of
commencing the applicable time period, unless a. the application lacks
information indicated on a checklist as hereinafter specified, a copy
of which shall have been provided to the applicant, and b. the municipal
agency or its authorized committee or designee has notified the applicant
in writing of the deficiencies in the application within 45 days of
submission of the application. The applicant may request that one
or more of the submission requirements be waived, in which event the
agency or its authorized committee shall grant or deny the request
within 45 days. Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval of the application. The municipal agency may
subsequently require correction of any information found to be in
error and submission of additional information not specified in the
ordinance or any revisions in the accompanying documents as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for the approval of the application for development have
been met. The application shall not be deemed incomplete for lack
of any such additional information or any revisions in the accompanying
documents so required by the agency.
The check list requirements for applications for development
are as follows:
a.
Check List Requirements for all Applications for Development.
See Schedule A which is included as an attachment to this Chapter.
b.
Additional Check List Requirements for Minor Subdivision, Preliminary
Site Plan, Preliminary Major Subdivision, Final Site Plan and Final
Major Subdivision.
See Schedule B which is included as an attachment to this Chapter.
c.
Additional checklist requirements for appeals pursuant to N.J.S.A.
40:55D-70(a); for Ordinance or Map Interpretations or Special Questions
under N.J.S.A. 40:55D-70(b); for Variances under N.J.S.A. 40:55D-70(d);
for Planning Variances pursuant to N.J.S.A. 40:55D-34 and 40:55D-36
and for Conditional Uses.
See Schedule C which is included as an attachment to this Chapter.
d.
Checklist requirements for variances pursuant to N.J.S.A. 40:55D-70(c).
See Schedule D which is included as an attachment to this Chapter.
[1978 Code § 12-103; Ord. #4/3/86]
a.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
b.
Special meetings may be provided for at the call of the chairman
or on the request of any two board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
d.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, c. 231, Laws of
N.J. 1975. An executive session for the purpose of discussing and
studying any matters to come before either board shall not be deemed
a regular or special meeting in accordance with the provisions of
N.J.S.A. 40:55D-9.
[1978 Code § 12-103; Ord. #4/3/86]
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the Municipal Clerk.
Any interested party shall have the right to compel production of
the minutes for use as evidence in any legal proceeding concerning
the subject matter of such minutes.
Such interested party may be charged a fee for reproduction
of the minutes for his use as provided for in the rules of the Board.
[1978 Code § 12-103; Ord. #4/3/86; Ord. #12/29/86;
Ord. #88-07; Ord. #90-18; Ord. #93-08, § 2; Ord. #96-13;
Ord. #97-03; Ord. #97-16; Ord. #99-04, § I]
a.
Filing and Escrow Deposit Fees. Said filing fees and escrow deposits
are to be paid at the time an application is filed to cover normal
services required for processing all applications for development
and to reimburse the Township for costs of engineering, planning and
legal and other technical and professional reviews, researches, reports
and testimony as are deemed necessary by the municipal agency in order
to assure compliance with State and Township laws, ordinances, rules
and regulations to be paid at the time of the filing of the application,
provided, however, that in the event the administration of an application
to the Board of Adjustment continues for more than one meeting, the
applicant shall post an additional review deposit escrow in the amount
of $250 for each meeting in addition to the initial meeting, which
fee shall be paid at least 10 days prior to the second and all subsequent
meetings at which the application is considered. The Board of Adjustment,
for good cause shown, may waive the payment of this additional fee
if it shall be determined that no additional expenses related to review
of the application beyond the first meeting shall be incurred by the
Township.
|
FEE SCHEDULE
| ||
|---|---|---|
|
Application Charge
|
Escrow Account
| |
|
1. Subdivisions.
| ||
|
(a) Minor Subdivision Plat
|
$125.00
|
$2,000.00
|
|
(b) Preliminary Major Subdivision Plat
|
$200.00
|
$700.00 per lot
|
|
(c) Final Major Subdivision Plat
|
$150.00
|
$300.00 per lot
|
|
(d) Informal Concept Subdivision Plat
|
$75.00
|
$1,000.00 (if professional review is requested)
|
|
(e) Informal Concept Discussion (Not to exceed 15
minutes) (No professional review)
|
No charge
|
No charge
|
|
(f) Amended Preliminary Major or Minor Subdivision
Plat
|
$75.00
|
$100.00 per lot
|
|
(g) Amended Final Major Subdivision Plat
|
$ 75.00
|
$75.00 per lot
|
|
2. Site Plans.
| ||
|
(a) Minor Site Plan
|
$125.00
|
$20.00 per acre or part thereof, plus $50.00/du in the case
of residential units and/or $0.05 per gross s.f. of building area
in the case of nonresidential building.
|
|
(b) Preliminary Major Site Plan
|
$200.00
|
$1,000.00 per acre or part thereof, plus $500.00/du in the case
of residential units and/or $0.05 per gross s.f. of building area
in the case of nonresident building.
|
|
(c) Final Major Site Plan
|
$200.00
|
$150.00 per acre or part thereof, plus $25.00/du in the case
of residential units and/or $0.025 per gross s.f. of building area
in the case of nonresidential building.
|
|
(d) Informal Concept Site Plan
|
$100.00
|
$1,000.00 (if professional review is requested)
|
|
(e) Informal Concept Discussion (not to exceed 12
minutes— no professional review)
|
No charge
|
No charge
|
|
(f) Amended Preliminary Major and/or Final Major
Site Plan
|
$125.00
|
1/2 of the amount otherwise calculated for a Preliminary Major
Site Plan or Final Major Site Plan, as case may be.
|
|
3. Conditional Uses; not including Required Site Plan Subdivision
Review.
|
$150.00
|
$1,000.00
|
|
4. Variances.
| ||
|
(a) Appeals (40:55D-70a)
|
$125.00
|
$750.00 Residential
|
|
$250.00
|
$1,000.00 Nonresidential
| |
|
(b) Interpretation (40:55D-70b)
|
$125.00
|
$750.00 Residential
|
|
$250.00
|
$1,000.00 Nonresidential
| |
|
(c) Bulk (40:55D-70c)
|
$125.00
|
$750.00 Residential
|
|
$250.00
|
$1,000.00 Nonresidential
| |
|
(d) Use and Others (40:55D-70d)
|
$250.00
|
$1,500.00
|
|
(e) Permit (40:55D-34 and 35)
|
$100.00
|
$500.00
|
|
5. Approval Time Extensions
|
$100.00
|
$500.00
|
|
6. Zone Change Requests
|
$150.00
|
$500.00 per acre
|
b.
In the event that the initial deposit made by the applicant is not
sufficient to cover all technical/legal review costs of the application
or during the consideration of the application it becomes evident
that the review deposit which was previously waived shall be necessary,
upon the request by the Township, the applicant shall make an initial
deposit or further deposit or deposits as may be necessary to cover
further technical/legal review costs.
c.
Miscellaneous Costs. The following fees shall be paid for the services
or items listed:
1.
List of property owners from current tax duplicate pursuant to N.J.S.A.
40:55D-12c: twenty-five ($0.25) cents per name or $10 whichever is
greater.
2.
Copies, duplicates or transcripts of records of proceedings furnished
to an interested party pursuant to N.J.S.A. 40:55D-1 of: one dollar
and fifty ($1.50) cents for each page of original and fifty ($0.50)
cents for each page of the copies or the maximum permitted by N.J.S.A.
2A:11-15 whichever is greater.
3.
Copy of a decision furnished to any party other than the applicant
or his attorney pursuant to N.J.S.A. 40:55D-10h and 40:55D-17g: $10.
4.
Publication of hearings or decisions of the Township Committee on
an appeal pursuant to N.J.S.A. 40:55D-10 and 40:55D-17a: cost of publication.
5.
Certificate of subdivision approval pursuant to N.J.S.A. 40:55D-56:
$25.
6.
Certification of deed description pursuant to N.J.S.A. 40:55D-47:
$25.
7.
Certification of preexisting use or structure pursuant to N.J.S.A.
40:55D-68: $10.
8.
Fees for construction permits, certificates of occupancy and signs
shall be charged pursuant to the Construction Code of the Township.
d.
No construction or disturbance of land shall be authorized until
all inspection fees have been paid to the municipality. In no case
shall any paving work be done without permission from the Township
Engineer. At least three working days notice shall be given to the
Township Engineer prior to any construction so that he or a qualified
representative may be present at the time the work is to be done.
Verification of said payment shall be certified to by the Chief financial
officer of the Township. The applicant shall pay a sum not to exceed,
except for extraordinary circumstances, the greater of $500 or 5%
of the cost of improvements, which cost shall be determined pursuant
to law. For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the applicant,
be paid in two installments and the initial payment deposited by the
applicant shall be 50% of the reasonably anticipated fees. When the
balance of deposit drops to 10% of the reasonably anticipated fees
because the amount deposited by the applicant has been reduced by
the amount paid to the Municipal Engineer for inspection, the applicant
shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the applicant, be paid
in four installments. The initial amount deposited by the applicant
shall be 25% of the reasonably anticipated fees. When the balance
of deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the applicant has been reduced by the amount
paid to the Municipal Engineer for inspection, the applicant shall
make additional deposits of 25% of the reasonably anticipated fees.
The Municipal Engineer shall not perform any inspections if sufficient
funds to pay for those inspections are not on deposit.
1.
Streets shall not be paved with a wearing course until all heavy
construction is completed. Shade trees shall not be planted until
all grading and earth moving is completed. The seeding of grass and
the placing of surveyor's monuments shall be among the last operations.
2.
The Township Engineer's office shall be notified prior to each of
the following phases of work so that he or a qualified representative
may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving (after each coat in cases of primary paving and
sealing).
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers and/or septic tanks.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and planting.
(m)
Underground utilities, including water mains.
3.
Any improvement installed contrary to the plan or plat approval by
the Township shall constitute just cause to void the municipal approval.
4.
Any improvement installed without notice for inspection pursuant to subsection 17-3.5d hereinabove shall constitute just cause for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for material testing;
(c)
The restoration by the developer of any improvements disturbed
during any material testing; and/or
(d)
The issuance of a "stop work" order by the Township Engineer
pending the resolution of any dispute.
5.
Inspection by the Township of the installation of improvements and
utilities shall not operate to subject the Township of Hope to liability
for claims, suits or liability of any kind that may at any time arise
because of defects or negligence during construction or at any time
thereafter; it being recognized that the responsibility to maintain
safe conditions at all times during construction and to provide proper
utilities and improvements is upon the owner and his contractor, if
any.
e.
All deposits for technical, professional review and inspection fees
shall be kept in an escrow account for that purpose by the township.
This account shall be managed by the Chief Financial Officer of the
township who shall administer same in accordance with the terms of
this section.
f.
Whenever an amount of money in excess of five thousand ($5,000.00)
shall be deposited by an applicant with the municipality for professional
services employed by the municipality or the approving board to review
applications for development, for municipal inspection fees in accordance
with this section, the money until repaid or applied to the purposes
for which it was deposited, including the applicant's portion of the
interest earned thereon, except as otherwise provided by law, shall
continue to be the property of the applicant and shall be held in
trust by the municipality. Money deposited shall be held in escrow.
The municipality receiving the money shall deposit it in a banking
institution or savings and loan association in this State insured
by an agency of the Federal government, or in any other fund or depository
approved for such deposits by the State, in an account bearing interest
at the minimum rate currently paid by the institution or depository
on time or savings deposits. The municipality shall notify the applicant
in writing of the name and address of the institution or depository
in which the deposit is made and the amount of the deposit. The municipality
shall not be required to refund an amount of interest paid on a deposit
which does not exceed $100 for the year. If the amount of interest
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to the applicant by the municipality annually or
at the time the deposit is repaid or applied to the purposes for which
it was deposited, as the case may be; except that the municipality
may retain for administrative expenses a sum equivalent to no more
than 1/3 of the entire amount which shall be in lieu of all other
administrative and custodial expenses.
g.
The Chief Financial Officer of the municipality shall make all of
the payments to professionals for services rendered to the municipality
or approving board for review of applications for development, review
and preparation of documents, inspection of improvements or other
purposes under this subsection. Such fees or charges to be based upon
the ordinances herein. The application review and inspection charges
shall be limited only to professional charges for review of applications
including review time spent at meetings of the approving board, review
and preparation of documents and inspections of developments under
construction and review by outside consultants when the application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the municipality. The only costs that shall be
added to any such charges shall be actual out-of-pocket expenses of
any such professionals or consultants including normal and typical
expenses incurred in processing applications and inspecting improvements.
The charges by professionals shall be at the same rate as all other
work of the same nature by the professional for the municipality when
fees are not reimbursed or otherwise imposed on applicants or developers.
The Chief Financial Officer of the municipality shall administer the
review and escrow fees as follows:
1.
Each payment charged to a deposit for review of applications, review
and preparation of documents and inspection of improvements shall
be pursuant to a voucher from the professional which voucher shall
identify the personnel performing the service, and for each date the
service is performed, the hours spent to one-quarter (1/4) hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer of the municipality. The
professional shall send an informational copy of all vouchers or statements
submitted to the Chief Financial Officer of the municipality simultaneously
to the applicant. The Chief Financial Officer of the municipality
shall prepare and send to the applicant a statement which shall include
an accounting of the funds listing all deposits, interest earnings,
disbursements and the cumulative balance of the escrow account. This
information shall be provided on a quarterly basis, if monthly charges
are $1,000 or less, or on a monthly basis if the monthly charges exceed
one thousand ($1,000.00) dollars. If an escrow account or deposit
contains insufficient funds to enable the municipality or approving
board to perform required application reviews or improvement inspections,
the Chief Financial Officer of the municipality shall provide the
applicant with a written notice of the insufficient escrow or deposit
balance. In order for work to continue on the development or the application,
the applicant shall within 10 days post a deposit to the account in
an amount to be agreed upon by the municipality or the approving board
and the applicant. With regard to review fees, if the applicant fails
to make said deposit within the time prescribed herein, the approving
board shall be authorized to dismiss the application without prejudice
subject to the right of the applicant to seek reinstatement of said
application by written notice to the Chief Financial Officer that
the deposits have been posted. The application will be reinstated
upon written notification by the Chief Financial Officer to the approving
board that said deposits are in fact posted. The approving board shall
have the authority to require notice as in the case of the original
application. In the interim, any required health and safety inspections
shall be made and charged back against the replenishment of funds.
With regard to inspection fees, the Township Engineer shall not perform
any inspection if insufficient funds to pay for the inspections are
not on deposit. Failure to post or maintain balances in accordance
with the requirements of these sections will subject the developer
to a "Stop Work" order and/or suspension of construction permits.
2.
The applicant and Chief Financial Officer shall follow the following
close-out procedures for all deposits and escrow accounts established
herein. Said procedures shall commence after the approving authority
has granted final approval of the development application including
completion of all conditions of said approval and/or has signed the
appropriate subdivision map or deed, or after all of the improvements
have been approved. The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and the approving
board and to the relevant municipal professional that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the municipality within 30 days and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the municipality shall render a written final accounting to the
applicant on the uses to which the deposit has been put within 45
days of the receipt of the final bill. Any balances remaining in the
deposit or escrow account, including interest, shall be refunded to
the applicant along with the final accounting.
3.
All professional charges for review of the application for development,
review and preparation of documents or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction review. Fees shall be charged only
in connection with the application for development presently pending
before the approving authority or upon review of compliance with conditions
of approval, or review of requests of modification or amendments made
by the applicant. The professionals shall not review items which are
subject to approval by any State governmental agency and not under
municipal jurisdiction except to the extent consultation with the
State agency is necessary due to the effect of State approvals on
the subdivision or site plan. Inspection fees shall be charged only
for actual work shown on a subdivision or site plan or required by
an approving resolution. Professionals inspecting improvements under
construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work and such inspections
shall be reasonably based on the approved development plans and documents.
4.
If the municipality retains a different professional or consultant
in the place of the professional originally responsible for development,
application review, or inspection of improvements, the municipality
or Approving Board shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project and the municipality or Approving Board shall not bill
the applicant or charge the deposit or the escrow account for any
such services.
[1]
Editor's Note: Former subsection 17-3.6, previously codified
herein and containing portions of Ordinance No. 4/3/86, 12/29/86,
88-07, 90-18, 93-08 and 1978 Code § 12-103 was repealed
in its entirety by Ord. No. 96-13 and 97-03.
[1978 Code § 12-103; Ord. # 4/3/86]
a.
Rules. The Planning Board and Zoning Board of Adjustment may make
rules governing the conduct of hearings before such bodies which rules
shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1
et seq. or of this ordinance.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the "County and Municipal Investigations Law"
P.L. 1953 c. 1938 (C. 2A:67A-1 et seq.) shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
[1978 Code § 12-103; Ord. # 4/3/86]
Whenever a hearing is required on an application for development
pursuant to N.J.S.A. 40:55D-1 et seq., or with respect to any matter
before the Zoning Board of Adjustment, the applicant shall give notice
thereof as follows:
a.
Public notice shall be given by publication in the official newspaper
of the municipality at least ten days prior to the date of hearing.
b.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within two hundred
(200') feet in all directions of the property which is the subject
of such hearing and whether located within or without the municipality
in which the applicant's land is located. Such notice shall be given
by (1) serving a copy thereof on the owner as shown on the said current
tax duplicate or his agent in charge of the property or (2) mailing
a copy thereof by certified mail to the property owner at his address
as shown on the said current tax duplicate. A return receipt is not
required. Notice to a partnership owner may be made by service upon
any partner. Notice to a corporate owner may be made by service upon
its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
c.
Notice of all hearings on applications for development involving
property located within two hundred (200') feet of an adjoining municipality
shall be given by personal service or certified mail to the clerk
of such municipality, which notice shall be in addition to the notice
required to be given pursuant to subsection 173.8b to the owners of
lands in such adjoining municipality which are located within two
hundred (200') feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
county planning board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan, adjoining
other county land or situate within two hundred (200') feet of a municipal
boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway.
f.
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Municipal Clerk pursuant to section 6b of c. 291 Laws of
N.J. 1975.
g.
All notices hereinabove specified in subsection 17-3.8 shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
i.
Form of Notice. All notices required to be given pursuant to the
terms of this Chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the municipal tax assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
[1978 Code § 12-103; Ord. # 4/3/86]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Tax Assessor of the Township shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 17-3.7b.
[1978 Code § 12-103; Ord. #4/3/86]
The Municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
a.
A resolution adopted at a meeting held within the time period provided
in the act for action by the Municipal agency on the application for
development; or
b.
A memorializing resolution adopted at a meeting held no later than
45 days after the date of the meeting at which the municipal agency
voted to grant or deny approval. Only the members of the municipal
agency who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action pursuant to N.J.S.A.
40:55D-9 (resulting from the failure of a motion to approve an application)
shall be memorialized by resolution as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution. The vote on any such resolution
shall be deemed to be a memorialization of the action of the municipal
agency and not to be an action of the municipal agency; however, the
date of the adoption of the resolution shall constitute the date of
the decision for purposes of the mailings, filings and publications
required by N.J.S.A. 40:55D-10(h) and (i). If the municipal agency
fails to adopt a resolution or memorializing resolution as hereinabove
specified, any interested party may apply to the Superior Court in
a summary manner for an order compelling the municipal agency to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorney's fees, shall be assessed
against the municipality.
[1978 Code § 12-103; Ord. #4/3/86]
A brief notice of every final decision shall be published in
the official newspaper of the municipality. Such publication shall
be arranged by the secretary of the Planning Board or Zoning Board
of Adjustment, as the case may be without separate charge to the applicant.
The notices shall be sent to the official newspaper for publication
within 10 days of the date of any such decision.
[1978 Code § 12-103; Ord. #4/3/86; Ord. #92-01]
Pursuant to the provisions of N.J.S.A. 40:55D-39e and 55D-65h,
every application for development submitted to the Planning Board
or Zoning Board of Adjustment shall be accompanied by proof that no
taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application. Additionally,
all approvals for development shall be conditional on the fact that
no taxes or assessments for local improvements are due or delinquent
on the property for which any application has been made. In the event
of delinquent taxes or assessments no building permits, certificates
of occupancy or continuing certificates of occupancy shall be issued
until all delinquent taxes and/or assessments are paid in full.
[1978 Code § 12-103; Ord. #4/3/86]
An applicant shall comply with the provisions of this subsection
whenever the applicant wishes to claim approval of his application
for development by reason of the failure of a municipal agency to
grant or deny approval within the time periods specified in the Municipal
Land Use Law and this Chapter:
a.
Applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to subsection (a) of N.J.S.A. 40:55D-12. The applicant shall arrange publication of the notice of the default in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
b.
The applicant shall file an affidavit of proof of service and publication
with the secretary of the Planning Board or Zoning Board of Adjustment,
as the case may be.
[Ord. #04-05]
Any variance from the terms of this section hereafter granted
by the appropriate board permitting the erection or alteration of
any structure or structures or permitting a specified use of any premises
shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by the variance, or unless such permitted use has actually been commenced
within 36 months from the date of entry of the judgment or determination
of the appropriate board; except, however, that the running of the
period of limitation herein provided shall be tolled from the date
of filing an appeal from the decision of the appropriate board or
to a court of competent jurisdiction, until the termination in any
manner of such appeal or proceeding.
Whenever a term is used in this Chapter which is defined in
c. 291 Laws of N.J. 1975, such term is intended to have the meaning
set forth in the definition of such term found in said statute, unless
a contrary intention is clearly expressed from the context of this
Chapter.
[1978 Code § 12-104; Ord. #4/3/86]
This Chapter shall be known and may be cited as "The Land Use Procedures Ordinance of Hope Township" Chapter 17 of the Revised Ordinance of the Township of Hope.
[1978 Code § 12-104; Ord. #4/3/86]
a.
Conditions Precedent. Whenever any application for development is
approved subject to specified conditions, intended to be fulfilled
before the approval becomes effective, the conditional approval shall
lapse and become null and void unless all specified conditions are
fulfilled within 190 days of the date of conditional approval.
b.
The fulfillment of all conditions precedent shall be reported in
writing to the municipal agency, which may cause such reports to be
verified in an appropriate manner. Only upon fulfillment of all conditions
shall any subdivision map or site plan be assigned or any required
building permit, occupancy permit or zoning permit be issued.
c.
Conditions Subsequent. Whenever any application for development is
approved subject to conditions, which by their terms are incapable
of being fulfilled, or are not required to be fulfilled prior to the
final approval of the application, the performance of which are not
guaranteed by bonds or securities of any type, failure to fulfill
any such condition within six months from the date of the final approval
of the application for development shall be grounds for the issuance
of a stop work order by the enforcing official and the withholding
of any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
d.
Nothing herein contained shall be construed as preventing the municipal
agency from specifying a longer period of time within which any specific
condition must be fulfilled, or from granting, upon an ex parte application,
an extension of time for fulfilling a condition for good cause shown.
e.
The fulfillment of all conditions shall be reported in writing to
the municipal agency which may cause such reports to be verified in
an appropriate manner. Only upon fulfillment of all conditions shall
any subdivision map or site plan be signed or any required building
permit, occupancy permit, zoning permit or other required approval
be issued.
f.
In accordance with the provisions of N.J.S.A. 40:55D-16, development
regulations, except for the official map, shall not take effect until
a copy thereof shall be filed with the County Planning Board. A zoning
ordinance or amendment or revision thereto which, in whole or in part,
is inconsistent with or not designed to effectuate the land use plan
element of the master plan shall not take effect until a copy of the
resolution required by N.J.S.A. 40:55D-62 shall be filed with the
County Planning Board.
